Nicole Smith (LLB
(Hons), FCIArb)
Barrister specialising in
commercial litigation
and arbitration
Nicole Smith, Barrister
Mauao Legal Chambers,
1/9 Prince Avenue,
Mount Maunganui 3116,
NEW ZEALAND
Email: nicole@nicolesmith.co.nz
Mobile: +64 21 175 9014
Tel: +64 7 572 4211
Skype: nicole.smith1 |
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Recent Cases
(Most of the arbitration matters that Nicole
has worked on are confidential to the parties and therefore it is
not possible to name the actual parties involved in the proceedings).
 Advising on a potential group claim by New Zealand diesel vehicle owners affected by the
VW AG emissions cheating scandal.
A successful group action on behalf of over 50 Bay of Plenty businesses against the owners
and insurers of the MV Rena. Claims related to lost revenues due to the effects on fisheries,
recreation and tourism.
Acting for a Russian pharmaceutical company in ad hoc arbitration proceedings for breaches
of an agreement to allow distribution of cold relief products.
Acting
for a Russian investor in LCIA arbitration proceedings relating to defaults under
a
Share Purchase Agreement.
Acting for a
European government defending enforcement proceedings before the English
Courts and pursuing the setting aside of two ICC Awards before the Dutch Courts, in relation
to a military sales dispute.
Advising a Guatemalan
honey exporter in a dispute with a UK-based importer about quality
and delivery issues.
Acting for a
UK-based importer of gifts, in an arbitration with a UK purchaser of Christmas
Gift
Boxes.
Acting for the
owners of a large Russian oil refinery in disputes relating to the construction
of
a polypropylene plant by a US/BVI contractor.
Advising the
Financial Services Authority (London) in respect of claims against senior
Investment
Bank executives for failing to prevent fraudulent actions by traders (falsifying
records and moving client funds between accounts in order to hide FX losses).
Managing a team
of lawyers and advisers and acting as advocate in ICC proceedings
between a European
government and a Middle Eastern government. The proceedings
lasted 10 years and
involved over 20 factual witnesses and a dozen expert witnesses.
Advising a Middle
Eastern government in claims against the incumbent mobile network
operators (telecoms
dispute). The claim involved two sets of ICC proceedings and ICSID
proceedings.
Acting for an
international power company in expert determination proceedings following the
termination of a long-term power sale agreement. Preparing the claim, giving
strategic advice
and representing the client at negotiations and at creditors'
committee meetings.
Acting for an
Israeli entrepreneur in respect of disputes in England, Guernsey and Russia.
The disputes related to various joint ventures established with Russian and US
investors,
following the collapse of the Soviet Union, with the aim of exploiting
opportunities in the
Russian telecommunications market. |
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